By Carter Hall—November 20, 2014 at 11:03 a.m. On June 30 of this year the Court of Appeals of New York issued its final ruling in Wallach v. Town of Dryden, holding that municipalities in New York State have the authority to exclude hydraulic fracturing from their borders through zoning.[1] Although the case hinged upon the interpretation of a New York statute with no reach … [Read more...] about Wallach v. Town of Dryden and Local Control of Hydraulic Fracturing
state law
Upholding Clean Energy in Colorado—and Hopefully Beyond
By Samantha Caravello—November 17 at 7:26 a.m. Acting as laboratories for energy policy, some states have been much more effective than the federal government in promoting renewable energy development, often through the enactment of Renewable Portfolio Standards (“RPS”). RPSs require electricity-selling companies to generate a minimum percentage of their electricity from … [Read more...] about Upholding Clean Energy in Colorado—and Hopefully Beyond
Ten Ways States Can Combat Ocean Acidification (and Why They Should)
By Ryan P. Kelly and Margaret R. Caldwell The ocean is becoming more acidic worldwide as a result of increasing atmospheric concentrations of carbon dioxide (“CO2”) and other pollutants. This fundamental change is likely to have substantial ecological and economic consequences globally. In this Article, we provide a toolbox for understanding and addressing the drivers of ocean … [Read more...] about Ten Ways States Can Combat Ocean Acidification (and Why They Should)
Perpetuity Is Forever, Almost Always: Why It Is Wrong To Promote Amendment and Termination of Perpetual Conservation Easements
By Ann T. Schwing When a landowner makes a charitable gift of a conservation easement to a nonprofit organization or government entity and elects to seek a federal tax deduction, both landowner and easement holder are subject to federal tax laws and regulations governing the creation, monitoring, amendment, and extinguishment of the easement. A nonprofit easement holder is … [Read more...] about Perpetuity Is Forever, Almost Always: Why It Is Wrong To Promote Amendment and Termination of Perpetual Conservation Easements
Understanding When Perpetual Is Not Forever: An Update to The Challenge and Response to Ann Taylor Schwing
By Jessica E. Jay Rarely in the legal discourse is an author afforded the opportunity to revisit and update a recently published law review article and to correct misunderstandings of a response thereto. When Perpetual Is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements explores the area of law surrounding the … [Read more...] about Understanding When Perpetual Is Not Forever: An Update to The Challenge and Response to Ann Taylor Schwing